CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. Briefly discuss the distinction between local peregrinus and foreign peregrinus. Briefly discuss the difference between process and pleadings. C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C’s business against unauthorised access. The contract is concluded in a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install the software at C’s business premises. C wants the court to compel D to install the software. Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. Will your answer change if C sues D for the damages paid to install the software for R400 000? In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss this statement. Briefly explain the purpose of the pre trial conference in the magistrates’ courts. Name the procedure to be followed when variation of judgment is sought in terms of Uniform Rule 42. P has a claim against Y in the amount of R700 000 based on breach of contract which occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola of Johannesburg. With these facts in mind, answer the following questions. Give full reasons for your answers. Explain why it will be inappropriate for P to use an ordinary application to institute proceedings against Y. Explain why P can institute proceedings against Y in the Bloemfontein High Court. Would your answer above differ if Y was a foreign peregrinus of the Republic? Would your answer above differ if the claim related to the registration of fixed property, and the property was situated in Pretoria? J and T are married to each other and are domiciled in Lesotho. After having been married to each other for a period of 8 years, J wishes to divorce his wife, T. At the time of the institution of the divorce proceedings, J had been living in Pretoria for ten months. With these facts in mind, answer the following questions. Give full reasons for your answers. Will the Pretoria High Court have jurisdiction to hear the action for divorce? If J decides to issue summons against T, explain how the summons will be served on T, who remained in Lesotho. B and C are involved in a motor vehicle collision in Durban. B suffers damages to his vehicle in the amount of R100 000, as well as damages due to bodily injury in the amount of R300 000. C resides in Benoni, whilst B resides in Cape Town. B issues summons against C. Answer the following questions. Name the correct type of summons that B may use to commence the proceedings and give the reason for your answer. Will the magistrates’ court situated in Durban have jurisdiction to hear the action instituted by B against C? Fully explain. Shortly after C delivers his plea on the merits, B requests C in terms of magistrates’ courts rule 23 to make discovery of all documents and tape recordings in C’s possession. Explain fully why C may not do so at this stage. C successfully defends the case brought by B, and is awarded party and party costs. The attorney and client costs between B and his attorney amount to R12 000. The taxed party and party costs amount to R15 000. You are B’s attorney. Fully explain to B whether he is liable for either, or both, these amounts. Briefly describe three methods which may be used to reform civil procedure. Briefly describe the doctrine of effectiveness. A drives through a red traffic light and collides with B’s motor vehicle. B suffers damages in the amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a summons against A in the magistrates’ court for damages suffered. Explain whether any regional magistrates’ court be competent to exercise jurisdiction. Assume on the same facts that A owes B an amount of R20 000 for services rendered by B to A, the amount which A admits. Will your answer above differ? Explain. Briefly explain how the audi alteram partem principle finds application in the ordinary application procedure. X wishes to issue summons against his neighbour, Y, for defamation. Answer the following questions. Give reasons for your answers where required. Explain why X may not use an ordinary application to institute action against Y. Briefly discuss the distinction between local peregrinus and foreign peregrinus. Briefly discuss the difference between process and pleadings. C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C’s business against unauthorised access. The contract is concluded in a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install the software at C’s business premises. C wants the court to compel D to install the software. Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. Will your answer change if C sues D for the damages paid to install the software for R400 000? In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss this statement. Briefly explain the purpose of the pre trial conference in the magistrates’ courts. Name the procedure to be followed when variation of judgment is sought in terms of Uniform Rule 42. If Y gives notice of intention to defend within the dies induciae, explain fully why Z may not apply for summary judgment. Y does not wish to continue litigating and wishes to end the litigation as soon as possible, but without paying the full amount of the claim. Advise B how to achieve this objective. Briefly explain to X and Y what the purpose is of a pre trial conference in terms of Uniform Rule 37. When the trial starts, X learns that an important witness is in the hospital and unable to testify in court. Advise X of any two possible methods by which a witness may place his or her evidence before court.